EO 12979
Effective Date: October 25, 1995

Responsible Office: Office of Procurement


By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
ensure effective and efficient expenditure of public funds and
fair and expeditious resolution of protests to the award of
Federal procurement contracts, it is hereby ordered as follows:

Section 1. Heads of executive departments and agencies
("agencies") engaged in the procurement of supplies and services
shall prescribe administrative procedures for the resolution of
protests to the award of their procurement contracts as an
alternative to protests in fora outside the procuring agencies.
Procedures prescribed pursuant to this order shall:

(a) emphasize that whenever conduct of a procurement is
contested, all parties should use their best efforts to resolve
the matter with agency contracting officers;

(b) to the maximum extent practicable, provide for inexpensive,
informal, procedurally simple, and expeditious resolution of
protests, including, where appropriate and as permitted by the
law, the use of alternative dispute resolution techniques, third
party neutrals, and another agency's personnel;

(c) allow actual or prospective bidders or offerors whose direct
economic interests would be affected by the award or failure to
award the contract to request a review, at a level above the
contracting officer, of any decision by a contracting officer
that is alleged to have violated a statue or regulation and,
thereby, caused prejudice to the protester; and

(d) except where immediate contract award or performance is
justified for urgent and compelling reasons or is determined to
be in the best interest of the United States, prohibit award or
performance of the contract while a timely filed protest is
pending before the agency. To allow for the withholding of a
contract award or performance, the agency must have received
notice of the protest within either 10 calendar days after the
contract award or 5 calendar days after the bidder or offeror who
is protesting the contract award was given the opportunity to be
debriefed by the agency, whichever date is later.

Sec. 2. The Administrator for Federal Procurement Policy shall:
(a) work with the heads of executive agencies to provide policy
guidance and leadership necessary to implement provisions of this
order; and

(b) review and evaluate agency experience and performance under
this order, and report on any findings to the President within 2
years from the date of this order.


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